| Offense | Penalty | Incarceration | Max. Fine |
Possession |
|||
| 1 oz or less (first offense) | Misdemeanor | 15 days | $ 100 |
| 1 oz or less (second offense) | Misdemeanor | 1 year | $ 1,000 |
| More than 1 - less than 8 oz | Misdemeanor | 1 year | $ 1,000 |
| 8 oz or more | Felony | 1.5 years | $ 5,000 |
Distribution |
|||
| 100 lbs or less (first offense) | Felony | 1.5 years | $ 5,000 |
| Less than 100 lbs or less (second offense) | Felony | 3 years | $ 5,000 |
| 100 lbs or more (first offense) | Felony | 3 years | $ 5,000 |
| 100 lbs or more (second offense) | Felony | 9 years | $ 10,000 |
| To a minor (first offense) | Felony | 3 years | $ 5,000 |
| To a minor (second offense) | Felony | 9 years | $ 10,000 |
| Within a drug-free school zone | Felony | 18 years | $ 15,000 |
| Includes possession with the intent to distribute | |||
| If no payment, exchange of small amount of marijuana is treated as possession only. | |||
Cultivation |
|||
| Any amount (first offense) | Felony | 9 years | $ 10,000 |
| Any amount (second offense) | Felony | 18 years | $ 15,000 |
| Within a drug-free school zone | Felony | 18 years | $ 15,000 |
Hash & Concentrates |
|||
| Possession | Misdemeanor | 1 year | $ 1,000 |
| Distributing or possessing with intent to distribute | Felony | 3 years | $ 5,000 |
| Subsequent convictions or within 1,000 feet of non-secondary school carries increased incarceration and fines. | |||
Paraphernalia |
|||
| Possession or distribution of paraphernalia | Misdemeanor | 1 year | $ 100 |
| Distribution of paraphernalia to a minor | Felony | 1.5 years | $ 5,000 |
Miscellaneous |
|||
| If a person who is 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked. | |||
Penalty Details
Marijuana is a schedule I(c) hallucinogenic substance under New Mexico's Controlled Substances Act.
See
- New Mexico Stat. Ann. § 30-31-6 Web Search
Possession for Personal Use
For first offenders, possession of 1 ounce or less of marijuana is a petty misdemeanor and is punishable by a fine of $50-$100 and/or up to 15 days of imprisonment. For subsequent offenses possession of 1 ounce or less of marijuana is a misdemeanor and is punishable by a fine of $100-$1000 and/or up to 1 year of imprisonment.
Possession of more than 1 - less than 8 ounces of marijuana is a misdemeanor punishable by a fine of $100-$1000 and imprisonment for up to 1 year. Possession of 8 ounces or more of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000.
See
- New Mexico Stat. Ann. § 30-31-23 Web Search
- New Mexico Stat. Ann. § 31-18-15 Web Search
Distribution
Distribution of marijuana is treated the same as possessing marijuana with the intent to distribute it.
For first offenders, distribution of 100 pounds or less of marijuana is a fourth degree felony and is punishable by 1.5 years of imprisonment and a fine of up to $5,000. Subsequent offenses are punished as a third degree felony and offenders may be imprisoned for 3 years, a fine of $5,000 may also be imposed.
For first offenders, distribution of more than 100 pounds of marijuana is third degree felony and is punishable by 3 years of imprisonment and a fine of $5,000. Subsequent offenses are punished as a second degree felony and offenders may be imprisoned for 9 years, a fine of $10,000 may also be imposed.
If no payment is given, exchange of a small amount of marijuana is treated as possession only.
Distribution of marijuana to a minor occurs when a person over the age of 18 distributes marijuana to a person under the age of 18. For first offenders, distribution of marijuana to a minor is a third degree felony and is punishable by 3 years of imprisonment and a fine of $5,000. Subsequent offenses are punishable as a second degree felony and offenders may be imprisoned for 9 years, a fine of $10,000 may also be imposed.
Distributing marijuana within a drug-free school zone is a first degree felony and is punishable by 18 years of imprisonment and a fine of $15,000. There is an exception if the sale occurs in a private residence that is located in a drug-free school zone.
See
- New Mexico Stat. Ann. §30-31-20(C) Web Search
- New Mexico Stat. Ann. §30-31-21 Web Search
- New Mexico Stat. Ann. §30-31-22 Web Search
- New Mexico Stat. Ann. § 31-18-15 Web Search
Cultivation
For first offenders cultivation of marijuana is a second degree felony and is punishable by 9 years of imprisonment and a fine of $10,000. Subsequent offenses are considered a first degree felony and are punishable by 18 years of imprisonment and a fine of $15,000.
Cultivating marijuana within a drug-free school zone is a first degree felony and is punishable by 18 years of imprisonment and a fine of $15,000.
See
- New Mexico Stat. Ann. §30-31-20 Web Search
Hash & Concentrates
New Mexico defines hashish as: "the resin extracted from any part of marijuana, whether growing or not, and every compound, manufacture, salt, derivative, mixture or preparation of such resins". Hashish is a Schedule I controlled substance.
Possessing hashish is a misdemeanor punishable by a fine no less than $500 and no greater than $1,000 and/or a term of imprisonment no greater than 1 year. Possessing hashish within 1,000 feet of non-secondary school is a fourth degree felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 18 months. Drug-free zones do not include private residences, nor vehicles in transit.
Distributing or possessing with intent to distribute hashish is a third degree felony punishable by a fine no greater than $5,000 and a term of imprisonment no greater than 3 years. Subsequent convictions are second degree felonies punishable by a fine no greater than $10,000 and a term of imprisonment no greater than 9 years. Distributing or possessing with intent to distribute hashish within 1,000 feet of a non-secondary school is a second degree felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 9 years. Subsequent convictions are first degree felonies punishable by a fine no greater than $15,000 and/or a term of imprisonment no greater than 18 years.
See
- New Mexico Stat. Ann. § 30-31-2(L) Web Search
- New Mexico Stat. Ann. § 30-31-6(C)(18) Web Search
- New Mexico Stat. Ann. § 30-31-22 Web Search
- New Mexico Stat. Ann. § 30-31-23(D),(F) Web Search
- New Mexico Stat. Ann. § 31-18-15 Web Search
Paraphernalia
Possession or distribution of marijuana paraphernalia used for the cultivation, distribution, or inhalation/ingestion of marijuana is a misdemeanor and is punishable by a fine of $50-$100 and/or up to 1 year imprisonment.
Distribution of marijuana paraphernalia to a minor occurs when a person over the age of 18 distributes marijuana paraphernalia to a person under the age of 18. This offense is a fourth degree felony and is punishable by a fine of $5,000 and 1.5 years of imprisonment.
See
- New Mexico Stat. Ann. §30-31-25.1 Web Search
Miscellaneous
In addition to any other penalty, a child 15 years or older is found delinquent of violating the Controlled Substances Act, their license may revoked.
See
- New Mexico Stat. Ann. § 32A-2-19(H) Web Search
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
New Mexico Marijuana Arrests
| New Mexico | 2008 | 2009 | 2010 | 2011 | 2012 | ARC |
|---|---|---|---|---|---|---|
| Possession | 3,236 | 2,744 | 3,277 | 2,839 | 3,198 | -0.3% |
| Sales | 398 | 400 | 482 | 447 | 583 | 10.0% |
| Total | 3,634 | 3,144 | 3,759 | 3,286 | 3,781 | 1.0% |
ARC: Annual Rate of Change
Source: Federal Bureau of Investigation, Uniform Crime Reporting Program
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